A federal high court in Abuja has declined the request of a businessman named Ibrahim Egungbohun aka IBD Dende seeking to compel the founder of Foundation for Investigative Journalism (FIJ), Fisayo Soyombo from publishing further reports about him.
Gatekeepers News reports that IBD Dende filed a suit against the investigative journalist, and FIJ, over an undercover report.
Soyombo published an article undercover investigation titled ‘Undercover as a smuggler’, on the website of FIJ in February 2024.
The article revealed how IBD Dende attempted to import 100 bags of rice from Republic of Benin into Nigeria illegally, as proof of Nigeria border’s porous nature.
Describing IBD Dende as the “biggest smuggler” in Ilaro, Ogun state, the journalist narrated how he transported bags of rice without resistance from security operatives after using information provided by some officials of Nigeria Customs Service (NCS).
In the report, Soyombo described IBD Dende as the “biggest smuggler” in Ilaro, a town in Ogun state.
The journalist also published a video showing IBD Dende threatening to kill a customs officer during an altercation.
IBD Dende, who the report didn’t sit well with, then filed a defamation suit against Soyombo, FIJ, and Arise Group after the television station broadcasted the documentary.
The presiding judge of the Federal Capital Territory (FCT) High Court, Binta Mohammed, during the resumed hearing on July 2, listened to the application for interlocutory injunction for an order to restrain the defendants from further defamatory publications against him.
In his written argument, the counsel of IBD Dende averred that the first and second defendants consistently defamed and maligned his client’s character.
The counsel alleged that the journalist also published statements about IBD Dende on June 3, while the case was before the court, adding that his client is being subjected to a social media trial.
He noted that it had become imperative for the court to grant an injunction to halt the “continuous and daily defamatory publications” against the claimant, pending final determination of the suit.
The counsel added that right to freedom of expression under the constitution does not permit any journalist to defame a character.
Speaking on the alleged defamatory video published by Soyombo, he argued that the video was nothing more than a verbal altercation with customs officers.
He noted that it cannot be concluded from the video that the incident was about smuggled goods belonging to IBD Dende.
The counsel added that his client is a licensed customs clearing and forwarding agent, whose job it is to assist in getting goods transported into and out of Nigeria.
In the written argument submitted on behalf of the defendants, the counsel argued that the press is duty-bound to expose wrongdoing and, hence must not be subjected to censorship or curtailed.
He argued that IBD Dende, who had admitted under oath to assaulting law enforcement agencies, did not deserve an equitable relief of injunction to restrain the press.
After the closing of the counsels’ arguments, the court reserved the ruling on the application for interlocutory injunction for a later date to be communicated to the parties.
Soyombo and FIJ have also filed a defence to the main suit, along with a list of witnesses to be invited to testify.
The witnesses include one Rotimi Awoyemi, the customs officer who was allegedly threatened in the video published by FIJ; Bashir Adewale Adeniyi (MFR), comptroller-general of customs; and Hussein Ejigbunu, whom IBD Dende reportedly mentioned in the viral video.
IBD Dende also listed two witnesses: himself and Oba Akintunde Akinyemi, the traditional ruler of Iselu, Yewa North LGA, whose written statement on oath was filed in support of the statement of claim.
